Title 45, LIENS, MORTGAGES AND PLEDGES

45-101. Liens defined. A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.

45-102. General and special liens. Liens are either general or special.

45-103. General lien defined. A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.

45-104. Special lien defined. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.

45-105. Satisfaction of prior lien. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.

45-106. Contracts subject to this chapter. Contracts of mortgage of real property are subject to all the provisions of this chapter.

45-107. Lien on future interest. An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an intere…

45-108. Lien for performance of future obligations — Validity — Priority. (1) A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence, which lien, if not invalid on other grounds, shall be valid as against …

45-109. Lien transfers no title. Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.

45-110. Contracts for forfeiture void. All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.

45-111. Personal obligation not implied. The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.

45-112. Priority of purchase money mortgage. A mortgage given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the recording laws.

45-113. Right to redeem from lien. Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed.

45-114. Rights of junior lienor. One who has a lien inferior to another, upon the same property, has a right: 1. To redeem the property in the same manner as its owner might, from the superior lien; and, 2. To be subrogated to all the benefits of the superior lien, when necessary…

45-115. Restoration extinguishes lien. The voluntary restoration of property to its owner by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it notwithstanding any such ag…

45-116. Effect of modification on priority of lien. (1) The lien of a mortgage and its priority shall not be affected by provisions in the mortgage instrument or in the note or other agreement evidencing the obligation that the mortgage secures, or by the exercise of such provisi…

45-201. Scope. This chapter applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.

45-202. Place of filing. (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter. (b) Notices of liens upon real property for obligations payable to the United States and certificates a…

45-203. Execution of notices and certificates. Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing…

45-204. Duties of filing officer. (a) If a notice of federal lien, certificate or other notice affecting a federal lien is presented to the secretary of state, he shall file it in the same manner as if it were an equivalent document filed under part 4, chapter 9, title 28, Idaho …

45-205. Fees. (a) If the filing officer is the secretary of state, the fee for filing each notice of lien or certificate or notice affecting the lien is six dollars ($6.00), except that there shall be no fee for a certificate of release or nonattachment. (b) If the filing officer…

45-206. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

45-207. Short title. This chapter may be cited as the "Uniform Federal Lien Registration Law."

45-301. Purpose and scope. (1) The purpose of this chapter is to provide a unified system for creation of liens and to provide notice of claims of liens in farm crops. (2) The scope of this chapter is limited to liens in the crops of producers, and such liens are limited in amoun…

45-302. Definitions. For the purposes of this chapter: (1) "Buyer" means a person who purchases, on his own behalf or as an agent for others, a crop from a producer. (2) "Claimant" means a provider of seed or farm labor who files a notice of claim of lien in a crop. (3) "Crop yea…

45-303. Farm laborer’s lien. (1) Any person who performs farm labor on a farm in furtherance of production of a crop shall have a lien in the crop for the agreed or reasonable value of the labor. (2) The farm laborer’s lien shall have priority over any security interest in the sa…

45-304. Seed lien. (1) Any person who furnishes seed to a producer to be sown or planted on lands owned, rented or otherwise lawfully occupied by the producer, shall have a lien in the crop or crops produced from the seed for the purchase price of the seed. (2) The seed lien shal…

45-307. Attachment of lien. (1) A lien in a crop attaches when a claimant files a notice of claim of lien with the secretary of state. (2) A lien attaches to the crop subject to the lien, to any right or claim arising from any loss or damage to the crop, and to any payment to the…

45-308. Notice of claim of lien. (1) A claimant must file with the secretary of state a notice of claim of lien between thirty (30) days before and one hundred twenty (120) days after completion of his labor for or providing seed to the producer. If a notice of claim of lien is f…

45-308A. Amendment or assignment of notice. (1) A claimant may amend a notice of claim of lien to disclose a change of the name or address of a claimant or producer by filing a notice of amendment with the secretary of state. The notice of amendment shall include: (a) The file nu…

45-309. Civil penalty for false claim. (1) Any person who signs and files a notice of claim of lien which he knows or has reason to believe is false shall be liable to the producer in the amount of the actual damages caused by the false claim or five hundred dollars ($500), which…

45-310. Duration of lien. (1) A notice of claim of lien for farm labor remains in effect for twelve (12) months from the date of filing. The notice of claim of lien may be extended for six (6) months by filing a notice of extension of claim of lien. The notice of extension shall …

45-311. Duty to release upon satisfaction. (1) When a claimant’s lien has been satisfied, the claimant shall, within thirty (30) days after satisfaction, file with the secretary of state a notice of release of lien. (2) The notice of release shall be signed by the claimant, his a…

45-312. List of liens in farm crops. (1) The secretary of state shall publish a list of all presently effective notices of claim of lien in farm crops. The list shall be distributed to all persons who register therefor, on a schedule to be set by administrative rule of the secret…

45-313. Lien search. (1) Upon request the secretary of state shall issue a certificate listing all liens in crops of a particular producer for which notices of claim are on file in his office. The requesting party may additionally request copies of all relevant notices of claim o…

45-314. When buyer takes free of lien. (1) A buyer takes free of a lien in crops if he purchases and pays for a crop before a notice of claim of lien is filed with the secretary of state. (2) A buyer who has registered for, and has received, the list of liens described in section…

45-315. Duty of buyer. A buyer who does not take free of a lien under section 45-314, Idaho Code, is obligated to secure permission of the claimant to pay the producer in full or to insure payment of the claimant from the purchase price.

45-316. Administrative rulemaking. The secretary of state shall promulgate such administrative rules as are necessary to implement the provisions of this chapter and to set fees for all services provided for in this chapter.

45-317. Effective date and transition. (1) This chapter shall be effective as to all notices of claim of lien in crops filed on or after January 1, 1990. (2) Notices of claim of farm laborer’s lien, and notices of claim of seed lien recorded in the appropriate county recorders’ o…

45-318. Applicability of uniform commercial code. The liens provided for by this chapter are "agricultural liens" as defined in section 28-9-102, Idaho Code. The perfection and effect of perfection or nonperfection of the liens provided by this chapter are governed by uniform com…

45-401. Liens upon saw logs. Every person performing labor upon, or who shall assist in obtaining or securing, saw logs, spars, piles, cord wood, or other timber, has a lien upon the same for the work or labor done upon, or in obtaining or securing the same, whether such work or …

45-402. Lien on lumber made from saw logs. Every person performing labor upon, or who shall assist in manufacturing saw logs into lumber, has a lien upon such lumber while the same remains at the mill where manufactured, whether such work or labor was done at the instance of the …

45-403. Lien for purchase price upon logs. Any person who shall permit another to go upon his timber land and cut thereon saw logs, spars, piles, cord wood or other timber, has a lien upon such logs, spars, piles, cord wood and timber, for the price agreed to be paid for such pri…

45-404. Liens preferred to other liens. The liens provided for in this chapter are prior to any other liens, and no sale or transfer of any saw logs, spars, piles, cord wood or other timber or manufactured lumber shall divest the lien thereon as herein provided, and such lien sha…

45-405. Time for filing lien for work or labor. The person rendering the service or doing the work or labor named in sections 45-401 and 45-402 is only entitled to the liens as provided herein for services, work or labor, for the period of eight (8) calendar months next preceding…

45-406. Time for filing liens for purchase price. The person granting the privilege mentioned in section 45-403 is entitled to the lien as provided therein for saw logs, spars, piles, cord wood and other timber, cut during the eight (8) months next preceding the filing of the cla…

45-407. Claim of lien for work or labor. Every person, within sixty (60) days after the close of the rendition of the services, or after the close of the work or labor mentioned in sections 45-401 and 45-402, Idaho Code, claiming the benefit hereof, must file for record with the …

45-408. Claim of lien for purchase price. Every person mentioned in section 45-403 claiming the benefit hereof, must, within ninety (90) days after such cutting, file for record with the county recorder of the county in which such saw logs, spars, piles, cord wood or other timber…

45-409. Record of claims. The county recorder must record any claim filed under this chapter in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are al…

45-410. Duration of lien. No lien provided for in this chapter binds any saw logs, spars, piles, cord wood or other timber, or any lumber, for a longer period than six (6) calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a p…